Manu v. Gireesh
Case brief
What is this about?
Criminal Miscellaneous Case allowing quash of FIR and proceedings involving IPC 317 and 109, JJ (Care and Protection of Children) Act 2015. The Court quashed proceedings based on a settlement affidavit by the husband-complainant, citing Madan Mohan Abbot and Gian Singh.
What did the court decide?
The Criminal Miscellaneous Case was allowed and the FIR in Crime No.1399/2019 and subsequent proceedings were quashed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 23RD DAY OF NOVEMBER 2020 / 2ND AGRAHAYANA, 1942
Crl.MC.No.3642 OF 2020(E)
CRIME NO.1399/2019 OF Thrikkunnappuzha Police Station , Alappuzha
PETITIONER/1 AND 2 ACCUSED:
1 MANU, AGED 31 YEARS S/O.MOHANAN, SN NAGAR, THRIKKUNNAPUZHA, ALAPPUZHA.
2 ASWATHY, AGED 31 YEARS W/O.GIREESH, VALIUPARAMPIL VADAKKAIL, PUTHUKUNDAM MURI, KARTHIKAPPALLY VILLAGE, THRIKKUNNAPUZHA, ALAPPUZHA.
BY ADV. SRI.K.R.SUNIL
RESPONDENT/COMPLAINANT:
Issues for consideration
3 issues framed by the court
Whether criminal proceedings should be quashed in a matrimonial dispute where the aggrieved party has filed an affidavit stating the dispute is settled.
Whether the continuance of criminal proceedings in a settled domestic dispute amounts to an abuse of process of the court.
Whether orders of the Supreme Court in Madan Mohan Abbot and Gian Singh permit quashing of proceedings in cases involving offences against child protection when the dispute is resolved.
Parties & counsel
- appellant
Manu
- appellant
Aswathy
- respondent
Gireesh
- respondent
Sub Inspector of Police, Thrikkunnappuzha
Coram
Case details
As recorded by the court registry
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